This is an OCR scan of the Covenants as recorded 6/13/2008 under number 5392214. There are some formatting, but no content changes. The original page breaks are maintained.
AMENDMENT TO COVENANTS OF REFLECTION LAKE ADDITION AND
REFLECTION LAKE FIRST ADDITION
This Amendment (this “Amendment”) amends the Covenants shown on the face of the plat of Reflection Lake as per plat recorded in Volume 5 of Plats at Page 31 in Spokane County, Washington; Covenants for Reflection Lake recorded June 15, 1962 as Spokane County Auditor’s Recording No. 866972B and Covenants for Reflection Lake First Addition as per plat recorded in Volume 8 of Plats at Page 76 in Spokane County, Washington.
This Amendment supersedes in its entirety the original Covenants referred to above that are being amended hereby as well as other covenants which may have affected the property recorded prior to this date including covenants recorded December 31, 1984 under Recording No. 8412310195, and covenants recorded August 6, 1993 under Recording No. 9308060127.
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RECITALS
These Covenants are made with reference to the following background facts:
1. The entire property covered by this Amendment is included within two plats created of record in Spokane County, Washington.
2 Even though the property was developed through two plats, the property covered by both plats is geographically connected, and both plats were planned and completed with an intent to provide a single community comprised of all lots in both plats.
3. A focal point of the community is the use, enjoyment and preservation of Reflection Lake including preservation of fishing as a resource to be enjoyed and available for use by residents.
4 All Lots within the community derive benefit from the roads providing for vehicular travel and circulation, including the portion of the road system made up of private roads.
5 In order to provide economy, efficiency, and a unified basis for operation, the Owners of Lots within both plats desire to consolidate operations and operate as a single community, governed by a single association to provide for architectural control I and governance of the entire Property, management, preservation and care of common areas, amenities and interests, and collection of reasonable assessments and administration of the same in order to accomplish the foregoing.
THEREFORE, the following Amended and Restated Covenants for the entire Property are adopted as follows:
ARTICLE I
BUILDING AND USE RESTRICTIONS
1.1 All Lots shall be known and described and used as residential lots for the erection of single family dwellings. No single family dwelling or other structure shall be erected, altered, placed or permitted to remain on any portion of these additions other than one detached single family dwelling, a private garage and other
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outbuildings which may be incidental to the residential use of said land. No Lot may be further subdivided for the purposes of creating additional Lots or building sites without filing a replat.
1.2 No noxious or offensive trade or activity shall be permitted to be carried on, on any Lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.
1.3 None but new single family dwellings shall be permitted to be built or placed on any Lot in the Property.
1.4 No single family dwelling with an area of less than 600 square feet, exclusive of garage, shall be permitted in the Property.
1.5 No single family dwellings or other structures shall be placed nearer than 30.0 feet from the front property line on Lots adjacent to Reflection Lake, nor 50 feet from the front property, line on Lots not adjacent to Reflection Lake; nor nearer than 10 feet to any side lot line. For purposes of this provision, the side of a Lot fronting the road or street providing primary access shall be considered the front.
1.6 Any single family dwelling or structure erected or placed on any Lot in the Property shall be completed as to the external appearance, including finished painting and connected to aseptic tank or public sewer, within one year from the date of commencement of construction.
1.7 No fowl or livestock shall be Permitted or kept in this addition. Provided, any Lot Owner presently maintaining horses on their Lot may continue to do so so long as such use continues, but should such Owner discontinue maintaining horses on their Lot, this right as to such Lot will cease. Further, any Owner retaining the right to maintain horses shall employ good animal husbandry practices, keep their property in a clean and sanitary condition and use all reasonable efforts to avoid the presence of any offensive odors that can be smelled from outside their Lot. Failure to comply with this restriction shall be considered a nuisance.
1.8 The Association assumes no responsibility for the furnishing of domestic water to any Owner of any Lot in the Reflection Lake Addition.
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1.9 A domestic water line has been provided to each Lot in Reflection Lake First Addition. Each Owner shall be responsible for payment of water hook-up charges, inspection fees, and monthly charges associated with their Lot.
1.10 These covenants are to run with the land and shall be binding on all parties and persons claiming under them January 2015,, and automatically extended for successive ten year periods thereafter. However, by vote of a majority of the then Owners of the tots in the Property, these Covenants may be changed in whole or in part at any time.
1.11 If the Owner (s) of any Lot, or any of them or their heirs, or assigns, shall violate or attempt to violate any of the Covenants herein, any other person or persons owning any real property situate in this Addition and/or the Association may, prosecute any proceedings at law or in equity against the persons violating or attempting to violate any such covenant to restrain or prevent him or them from doing so, to recover damages or other dues for such violation or both.
1.12 Should any one or more of these covenants be invalidated by judgment or court order, the other provisions not affected thereby shall nevertheless ‘remain in full force and effect.
1.13 No trailers, except manufactured homes at least 20′ wide and 35’ long, shall be considered the equivalent of a single family dwelling, or be permitted to be placed on a Lot and used as a residence on any Lot, unless the same shall be approved as a residence for use on said Lot by the Spokane County Planning Commission.
1.14 Recreational vehicles when used as a temporary residence shall be permitted on lake area only during the months April through September; and shall be removed at all other times.
1.15 No outdoor toilets shall be permitted except for a temporary use, with a permit, while a single family dwelling or permitted equivalent is under construction or unless a concrete vault is used as per county code.
1.16 Rules governing fishing, vehicle speed, use of access lots and other association property shall be
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promulgated from,.time to time by the Board of Directors of the Reflection Lake Community Association.
1.17 No gas motors will be permitted on the lake, with the exception of lake maintenance.
1.18 Dogs are to be kept within the Owner’s control and shall not be allowed to roam; and are subject to applicable laws and ordinances. County dog control laws shall be observed.
1.19 Reflection Lake Addition Lots 1, 15, 43 and Reflection Lake First Addition NE and SE recreation lots shall not be sold but shall be held by the Association as part of the Common Area, and used for ingress and egress to Reflection Lake by Lot Owners not having frontage on the Lake.
1.20 Each and every Lot Owner automatically becomes a Member of the Association, Reflection Lake Community Association. Each Lot Owner that is current in payment of assessment shall also have access to and the privilege of using Reflection Lake for all lake activities.
ARTICLE II.
REFLECTION LAKE COMMUNITY ASSOCIATION
2.1 Organization of Reflection Lake Community Association. Reflection Lake Community Association, the “Association,” has been organized as a Washington non-pofit corporation under the provisions of the Washington Code relating to general non-prof it corporations. It is charged with the. duties and invested with the powers prescribed by law and set forth in its Articles and Bylaws and these Covenants.
2.2 Membership. Each Owner, by virtue of being an Owner and for so long as such ownership is maintained, shall be a Member of the Association. Memberships in the Association shall be appurtenant to the Lot owned by such Owner. Membership in the Association shall not be transferred, pledged, assigned or alienated in any way except upon the transfer of Owner’s Lot and then only to the transferee of such Lot. Any attempt to make a prohibited membership transfer shall be void and will not be reflected on the books of the Association.
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2.3 Voting. Voting in the Association shall be carried out by Members who shall cast the votes attributable to the Lot(s) they own. The number of votes any such Member may cast on any issue is determined by the number of Lots that Member owns. Each Owner shall have one vote for each Lot owned. When more than one person holds an interest in any Lot,. all such persons shall share the vote attributable to the Lot, but fractional voting will not be allowed. The right to vote may not be severed or separated from the ownership of the Lot, to which it is appurtenant, except that any Owner may give a revocable proxy to any person. Any sale, transfer of conveyance of such Building Lot to a new Owner shall operate automatically to transfer the appurtenant voting right to the new Owner.
2.4 Power and Duties of the Association. The Association shall have the powers of a corporation organized under the corporation laws of he State of Washington applicable to non-profit corporations, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws, and this Declaration. The Association shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the Association under Washington law and under this Declaration, and the Articles and Bylaws, and to do and perform any and all acts which may be necessary to, proper for,, or incidental to the proper management and operation of the Common Area and the Association’s other assets, and the affairs and the performance of the other responsibilities herein assigned. For purposes of these Covenants, Common Areas and Association property include all rights and interests associated with Reflection Lake., fishing enhancement, private roads in the Property, and property now or hereafter owned by the Association. Association functions include, without ‘limitation:
2.4.1 Assessments. The power to levy Assessments on any Owner or any portion of the Property and to force payment of such Assessments, all in accordance with the provisions of these Covenants.
2.4.2 Right of Enforcement. The power and authority from time to time in its . own name, on its own behalf, or on behalf of any Owner who consents thereto, to commence and maintain actions and suits to restrain and enjoin any, breach. or threatened breach of the Covenants or the Articles or the Bylaws, including the Association Rules.
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adopted pursuant to these Covenants, and to enforce by injunction or otherwise, all provisions hereof.
2.4.3 Delegation of Powers. The authority to delegate. its power and duties to executive committees provided any such committee shall contain at least two Directors of the Association; and to contract for the maintenance, repair, replacement and operation of-the the Common-Area.
2.4.4 Licenses, Easements and Rights-of-Way. The power to grant and convey to any third -party such licenses, easements and rights-of-way In, on or under the Common Area as may be necessary or, appropriate for the orderly maintenance, preservation and enjoyment of the Common Area, and for the preservation of the health, safety, convenience and the welfare of the Owners, for the purpose of constructing, erecting, operating or maintaining:
2.4.4.1 Lines, cables, wires, conduits or other devices for the transmission or provision of electricity, or electronic signals for lighting, heating, power, telephone, television, communications or other purposes; –
2.4.4.2 Sewers, storm drains, underground irrigation pipes, water drains and pipes, water supply systems, sprinkling systems, heating and gas lines or pipes, and any similar public or quasi -public improvements or facilities; and
Mailboxes and sidewalk abutments. around such mailboxes or any service facility, berm, fencing and landscaping abutting common areas, public and private streets or land conveyed for any public or quasi-public purpose.
The right to grant such licenses, easements and rights-of-way are hereby expressly reserved to the Association and may be granted at any time prior to twenty one (21) years following execution of this Declaration.
2.4.5 Operation and Maintenance of Common Area. Operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the Common Area, including the repair and replacement. of all
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improvements or amenities within any portion of the Common Area.
2.4.6 Reserve Account. Establish and fund a reserve account. with. a reputable banking institution or savings and loan association—which reserve account shall be dedicated to the costs of repair, replacement, maintenance and improvement of the Common Area.
2.4.7 Taxes and Assessments. Pay all real and personal I property taxes and Assessments separately levied against the Common Area or against the Association and/or any other property owned by the Association. Such taxes and Assessments may be contested or compromised by the Association, in its discretion.
2.4.8 Water and Other Utilities. Acquire, provide and/or pay for water, garbage disposal, refuse and rubbish collection, electrical, telephone and gas and other necessary services for the Common Area, and to manage all domestic, irrigation and amenity water rights and rights to receive water held by the Association, whether such rights are evidenced by license, permit, claim, stock ownership or otherwise.
2.4.9 Insurance. Obtain insurance from reputable insurance companies authorized to do business in the State of Washington, and maintain in effect any insurance policy the Board, in its discretion, deems necessary or advisable, including, without limitation fire and casualty insurance, public liability insurance, directors’ and officers’ liability insurance, and such other insurance, including motor vehicle insurance and Worker’s Compensation insurance, to the extent necessary to comply with all applicable laws and indemnity, faithful performance, fidelity and other bonds as the Board shall deem necessary or required to carry out the Association functions or to insure the Association against any loss from malfeasance or dishonest of any employee or other person charged with the management or possession of any Association funds or other property.
2.4.10 Enforcement of Restrictions such Rules. Perform such other acts, whether or not expressly authorized by this Declaration, as may be reasonably advisable or necessary to enforce any of the provisions of the Declaration, or of the Articles or Bylaws, including, without limitation, the recordation of any claim of lien
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with the Spokane County Auditor, as more fully provided herein.
2.5 Personal Liability. To the fullest extent permitted by law, no Member of the Board, member of any committee of the Association, officer of the Association, nor the manager, if any, shall be personally liable to any Owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of the released persons, provided that such person, upon the basis of such information as may be possessed by such person, has acted in good faith without willful or intentional misconduct. If a released person has so acted, the Association shall indemnify and hold harmless said person from any damage, loss or prejudice aforesaid, including actual defense costs and attorney’s fees.
ARTICLE III
RIGHTS TO COMMON AREAS
3.1 Use of Common Area. Every Owner current in payment of assessments shall have a right to use the Common Area, which right shall be appurtenant to and shall pass with the title to every Lot. The Common Area cannot be mortgaged or conveyed without the consent of the Owners of at least two-thirds: (2/3) of the Lots. If ingress or egress to any residence is through any part of the Common Area, any conveyance or encumbrance of such portion of the Common Area will be subject to such Lot Owner’s easement. In furtherance of the development plan for the Property, the Association shall have the right to create easements and construct improvements on the Common Area, including ‘but not limited to providing utility and private, drainfield or drainfield access, private streets, crossings, walkways, trails, open space, and other improvements deemed desirable by the Association.
3.2 Private Roads. The Common Area includes private roads and drainage facilities within common area tracts, as shown on the face of either or both of. the plats. The Association shall be responsible for maintaining the private roads including paying the cost thereof, through assessments imposed on all Lots presently within the Property. Notwithstanding other provisions in these Covenants regarding allocation and responsibility for payment of Assessments, however only Lots directly using a private road as a means of primary, access shall be obligated to
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share in costs arising after the date of this Amendment for maintaining the private roads (the “Private Read Lots”). The rate of Assessment for maintaining the private roads shall be equally allocated among the Private Road Lots. The Board shall have the right to determine which Lots are Private Road Lots and its decision, so long as exercised in good faith, shall be determinative. Maintenance of the private roads constitutes an obligation running with each of the Private Road Lots.
ARTICLE IV
ASSESSMENTS
4.1 Covenant to Pay Assessments. By acceptance of a deed or real estate contract for any Lot in Reflection Lake, each Owner of such Lot hereby covenants and agrees to pay when due all Assessments or charges made by the Association, including all Regular, Special and Limited Assessments and charges made against such Owner pursuant to the provisions of this Declaration or other applicable instrument.
4.1.1 Assessment Constitutes Lien. Such Assessments and charges together with interest, costs and reasonable attorneys’ fees which may be. incurred in collecting the same, shall be a charge on the land and shall be a continuing lien upon the property against which each such Assessment or charge is made.
4.1.2 Assessment I is Personal Obligation. Each such Assessment, together with interest, costs and reasonable attorneys’ fees, shall also be the personal obligation of the Owner of such Lot beginning with the time when the Assessment falls due. The personal: obligation for delinquent Assessments shall not pass to such Owner’s successors in title unless expressly assumed by them but shall remain such Owner’s personal obligation regardless of whether he or she remains an Owner.
4.2 Regular Assessments. All Owners are obligated to pay Regular Assessments to the treasurer of the. Association on a schedule of payments established by the Board.
4.2.1 Purpose of Regular Assessments. The proceeds from Regular Assessments are to be used to pay for all costs and expenses incurred by the Association, including legal and attorneys’ fees and other professional fees, for the conduct of its affairs, including without
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limitation the Costs and expenses of. construction, improvement, protection, maintenance, repair, management and operation of the Common Areas,, including all improvements located on such areas owned and/or managed and maintained by the Association, . and an amount allocated to an adequate reserve fund to be used for repairs, replacement, maintenance and improvement of those elements for the Common Area, or other property of the Association that must be replaced and maintained on a regular basis (collectively “Expense”).
4.2.2 Computation of Regular Assessments. The regular assessment for fiscal year June 1, 2005 through May 31, 2006 has been $150.00 for the year. Thereafter, the Association shall compute,,the amount of its expenses on an annual basis. The computation of Regular Assessments for fiscal year 2006 and thereafter shall be made by the Board not less than thirty (30) or more than sixty (60) days before the beginning of such fiscal year of the Association. Should the Association fail to do so, the Regular Assessment amount for each Lot for the prior year shall carry forward unchanged.
4.2.3 Amounts Paid by Owners. The Board can require, in its discretion or as provided in the Articles or Bylaws, payment of Regular Assessments in semi-annual or annual installments. The Regular Assessment to. be paid by any particular Owner for Assessments, other than costs for maintaining the private roads, shall be computed by multiplying the Association’s total advance estimate of expenses by the fraction produced by dividing the Lots attributable to the Owner by the total number of Lots in the
Property. Assessment amounts for maintaining the private roads (to be equally allocated among the Private Road Lots) shall be computed by multiplying. the Association’s total advanced estimate of expenses for maintaining the private roads by the fraction produced by dividing the Private Road Lots attributable to the Owner by the total number of Private Road Lots in the Property.
4.3 Special Assessments.
4.3.1 Purpose and Procedure. In the event that the Board shall determine that its respective Regular
Assessment for a given calendar year is or, will be inadequate to meet the expenses of the Association for any reason, including but not limited to costs of construction, reconstruction, unexpected repairs or replacement of
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improvements upon the Common Area, attorneys’ fees and/or litigation costs, other professional fees, or for any other reason, the Board shall determine the approximate amount necessary to defray such expenses and levy a Special Assessment against the Property which shall be computed in the same manner as Regular Assessments. No Special Assessment shall be levied which exceeds twenty percent (20%) of the-budgeted gross expenses of the association for the calendar year, without the vote or written assent of the Owners representing a majority of the votes of the Members of the Association. The Board shall, in its discretion, determine the schedule under which such Special Assessment will be paid.
4.3.2 Consistent Basis of Assessment. Every Special Assessment levied by and for the Association shall be levied and paid upon the same basis as that prescribed for the levying and payment Of Regular Assessments for the Association.
4.4 Limited Assessments. Notwithstanding the above provisions with respect to Regular and Special Assessments, the Board may levy a Limited Assessment against a Member as a remedy to reimburse the Association for costs incurred in bringing the Member and/or such Member’s Lot into compliance with the provisions of the governing instruments for Reflection’ Lake, including any actual costs, consultant charges and attorneys’ fees. This shall expressly include the authority to levy assessments against any Lot Owner, in violation, of any of the requirements imposed on such Lot Owner under this Declaration. Such assessment may be made in an amount up to fifty dollars ($50. 00) per day, (or its equivalent value as compared with January 1, 2006 dollars, as adjusted periodically by the Board in its reasonable discretion), for each violation which remains uncorrected after thirty (30). days’ written notice given to such Owner from the Association. Notwithstanding anything above to the contrary, a limited assessment may be assessed against an Owner for damage to any Lot or portion of the Common Area within the Property caused by reason of the negligence or willful misconduct of such Owner,4 such Owner’s resident tenant, or such Owner’s family and guests, both minor and adult; provided such liability shall not be absolute but shall be an obligation recoverable from such Owner’s available insurance and shall constitute a lien against such Owner’s Lot only.
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4.5 Uniform Rate of Assessment. Unless otherwise specifically provided herein, Regular and Special Assessments shall be fixed at a uniform rate per Lot for all members of the Association.
4.6 Assessment Period. Unless otherwise provided in the Articles or Bylaws, the Assessment period, the fiscal year shall commence on June 1 of each year and terminate May 31 of the following year.
4.7 Notice and Assessment Due Date. Ten (10) days prior written notice of Regular and Special Assessments shall be sent to the Owner of every Lot, and to any person in possession of such Lot. The due dates for installment payment. of Regular Assessments and Special Assessments shall be the first day of each month unless,–the Board :establishes some other due date. Each monthly installment of the Regular Assessment or Special Assessment shall become delinquent if not paid within ten (10) days after the levy thereof. There shall accrue with each delinquent installment payment a late charge equal to ten percent (10%) of the delinquent installment. In addition, each installment payment which is delinquent for more than twenty (20) days shall accrue interest at. twelve percent (12%.) per annum calculated the date of delinquency to and including the date full payment is. received by the Association. The Association may bring an action against the delinquent Owner and may foreclose the lien against such Owner’s Building Lot as more fully provided herein. Each Owner is personally liable for Assessments., together with all interest, costs and attorneys’ fees, and no Owner may exempt such Owner from such . liability by a waiver of the use and enjoyment of the Common Areas, or by lease or abandonment of such Owner’s Lot.
4.8 Estoppel Certificate. The Association, upon at least five (5) days prior written request, shall execute, acknowledge and, deliver to the party making such request, a statement in writing stating whether or not, to the knowledge of the Association, a particular Lot is in default under the provisions of this Declaration, and further stating the dates to which any Assessments have been paid by the Owner. Any prospective purchaser or mortgagee of the Owner’s Lot may rely upon any such certificate delivered pursuant to this paragraph.
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ARTICLE V
ENFORCEMENT OF ASSESSMENTS; LIENS; PROCEEDINGS
5.1 Right to Enforce. The Association has the right to collect and enforce its Assessments pursuant to the provisions hereof. Each Owner of a Lot, upon becoming an Owner of such Lot, shall be deemed to covenant and agree to pay each and every Assessment provided for in these Covenants and agrees to the enforcement of all Assessments in the manner herein specified. In the event an attorney or attorneys are employed for the collection of any Assessment, whether by suit or otherwise, or to enforce compliance with or specific performance of the terms and conditions of these Covenants, each Owner agrees to pay reasonable attorney’s fees in addition to any other relief or remedy obtained against such Owner. The Board or its authorized representative may enforce the obligations of the Owners to pay such assessments by commencement and maintenance of a suit pursuant to paragraph 5.3 to enforce the liens created hereby. A suit to recover a money judgment for an unpaid Assessment shall be maintainable without foreclosing or waiving the lien hereinafter provided.
5.2 Assessment Liens.
5.2.1 Creation. There’ is hereby created a claim of lien with power of sale on each and every Lot to secure payment of any and all’ Assessments levied against such Lot pursuant to this Declaration together with interest thereon at the maximum rate permitted by law and all costs of ‘collection which may be paid or incurred by the Association making the Assessment’ in connection therewith, including costs and reasonable attorney’s fees incurred. All sums assessed in accordance with the provisions of this’ Declaration shall constitute a lien on such respective Lots upon recordation of a claim of lien with the Spokane County Auditor. Such lien shall be prior and superior to all other liens or claims created subsequent to the recordation of the notice of delinquency and claim of lien except for tax liens for real. property taxes on any ‘Lot and Assessments on any Lot in favor’ of any municipal or other governmental assessing body which, by law, would be superior thereto.
5.2.2 Claim of Lien. Upon ‘default of any Owner in the payment of any Regular, ‘Special or Limited Assessment issued hereunder, the Association may cause to be recorded in the office of the Spokane County Auditor a claim of lien. The claim of lien shall state the amount of such
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delinquent sums and other authorized charges (including the cost ‘of recording such notice), a sufficient description of the Lot(s) against which the same have been assessed, and the name of the record Owner thereof. Each delinquency shall constitute a separate basis for a. notice and claim of lien. Upon payment to the Association of such delinquent sums and charges in connection therewith or other satisfaction thereof, the Association shall cause to be recorded a further notice stating the satisfaction or relief of such delinquent sums and charges. The Association may demand and receive the cost of preparing and recording such release before recording the same.
5.3 Method of Foreclosure. Such lien may be foreclosed by appropriate action in court or by sale by the Association establishing the Assessment, its attorney or other person authorized to make the sale. Such sale shall be conducted. in accordance with the provisions of the Revised Code of Washington applicable to the exercise of powers of sale and/or foreclosure as permitted by law, as though the Association were a beneficiary designated under a deed of trust executed on Deed of Trust form LPB #22, as in effect as of the date of recording these Covenants. The Board is hereby authorized to appoint an attorney, title company or any other person or entity qualified to act as a Trustee in the State of Washington as trustee for the purpose of conducting such sale or foreclosure.
5.4 Required Notice. Notwithstanding anything contained in this Declaration to the contrary, no action may be brought to foreclose the lien created by recordation of the notice of delinquency and claim of lien, whether judicially, by power of sale or otherwise, until the expiration of thirty (30) days after the following have been completed: a copy of such claim of lien has been deposited in the United States mail, certified or registered, postage prepaid to the Owner of the Lot(s) described in such notice of delinquency and claim of lien; and to the person in possession of such Lot (s), and a copy thereof is recorded by the Association in the Office of the Spokane County Auditor.
5.5 Subordination to Certain Trust Deeds and Mortgages. The lien for the Assessments provided for herein in connection with a given Lot shall be subordinate to the lien of a deed of trust or mortgage that is of record as an encumbrance against an Owner’s Lot prior to the recordation of a claim of lien for any Assessments. Except as provided in this paragraph with respect to a trustee or mortgagee who
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acquires title to or a security interest in a Lot, the sale or transfer of any Lot shall not affect the Assessment lien provided for herein, nor the creation thereof by the recordation of a claim of lien, on account of the Assessments becoming due whether before, on, or after the date of such sale or transfer, nor shall such sale or transfer diminish or defeat the personal obligation of any Owner for delinquent Assessments as provided for in these Covenants. No mortgagee or beneficiary under a deed of trust will be required to collect assessments. Nothing in these Covenants makes failure to pay any assessment a default under any mortgage.
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